The police can fly a plane over your house and look down to see whether you are growing marijuana in your backyard. California v. Ciraolo, 476 U.S. 207 (1986). But can the police fly a plane over everyone’s house, all the time, and record everything visible from the sky? This isn’t a law school hypothetical.Continue reading →
Although reasonable suspicion requires less evidence than probable cause and often is not a difficult standard for an officer to satisfy to make an investigative stop, the standard requires an articulation of facts that is more than a mere hunch or suspicion. An example of the latter is last week’s North Carolina Court of Appeals opinion in State v. Watson (November 15, 2016), which ruled that an officer lacked reasonable suspicion to make a vehicle stop for illegal drugs. This post discusses the reasonable suspicion standard as applied in this case. Continue reading →
Last week, Jeff Welty wrote a post concerning the failure to allege in a search application that the premises to be searched is the suspect’s home, and it included a discussion of State v. Parson (N.C. App., October 18, 2016). This post supplements his post by discussing the issue of establishing probable cause to link a residence to be searched with evidence to be seized, and by adding a few other comments on Parson. Continue reading →
Sometimes officers have probable cause to believe that a person committed a crime, have probable cause that evidence of the crime will be found in the person’s residence, and seek a search warrant for the address at which the residence is located, but fail to include in the application a statement that the address in question is, in fact, the suspect’s home. What happens then?Continue reading →
Last week, the North Carolina Court of Appeals in State v. Watson (October 18, 2016) ruled that an officer’s erroneous completion of a juvenile waiver of rights form did not bar the admissibility of the juvenile’s confession. This post will discuss North Carolina statutory law concerning juvenile warnings and rights and the Watson ruling. Continue reading →
Here’s a common fact pattern: Officers find a person in possession of drugs. The officers say, in effect, “we won’t arrest you if you’ll tell us who sold you the drugs.” The person then reports having recently purchased the drugs from a particular person at that person’s home. Does this provide probable cause to support a search warrant for the supplier’s home? Continue reading →
Law enforcement officers often seek search warrants for suspects’ cell phones. When they do, judicial officials must determine what sort of evidence is needed to support the issuance of a warrant. Many people have their phones with them at all times, and use their phones to document and discuss every aspect of their daily activities. Does that mean that when an officer has probable cause to believe that a suspect committed a crime, the officer automatically has probable cause to search the suspect’s cell phone for evidence of the crime? Or does the officer need a more specific nexus between the crime and the phone?
The United States Supreme Court in 2014 ruled in Heien v. North Carolina, 135 S. Ct. 530 (affirming State v. Heien, 366 N.C. 271 (2012)), that an officer’s objectively reasonable mistake of law in making a stop or arrest is reasonable under the Fourth Amendment. Last week, the North Carolina Court of Appeals ruled in State v. Eldridge (September 20, 2016), that officer’s mistake of law when making a stop of a vehicle was not objectively reasonable based on the facts in that case. The Eldridge ruling is the subject of this post. Continue reading →